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US Immigration Policy Visas - H-1b, L-1, E, O, TN

H-1b Denial Rates Soar

Recent data released by the USCIS shows that the denial rate for H-1b petitions exceeded 30% in the 1st Q of FY 2019. Stuart Anderson, Executive Director for NFAP recently published an article in Forbes which goes into detail and provides a historical comparison. The article could’ve been titled, “Real data calls BS on USCIS claims” Employers, H-1b workers, and immigration attorneys have been shouting that the USCIS has been issuing arbitrary denials with no legal basis and now this data serves to back up the anecdotal evidence. Armed with this data, we are hopeful that more employers may be willing to pursue litigation in Federal Court over H-1b denials. As the USCIS continues to rack up defeat after defeat and is forced to issue H-1b approvals and pay the attorney fees and cost of litigation to the wrongfully denied under the Equal Access to Justice Act (EAJA), maybe someone high up in this Administration will decide it is better to follow the law instead of wasting taxpayer money and driving U.S. jobs and legal taxpayers overseas. Nah, probably not, instead, they are probably sitting around now trying to come up with a way to dispute their own data.

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